---
kind: "range"
citation: "42 U.S.C. §§ 12101–12117"
title: "42"
from: "12101"
to: "12117"
count: 10
release: "119-102"
url: "https://uscodex.org/usc/42/12101..12117"
---

# §12101. Findings and purpose

- (a) **Findings—** The Congress finds that—
  - (1) physical or mental [disabilities](/usc/42/12102.md?p=1) in no way diminish a [person](/usc/42/1320a–7k.md?p=d-4-C-i)’s right to fully participate in all aspects of society, yet many people with physical or mental [disabilities](/usc/42/12102.md?p=1) have been precluded from doing so because of discrimination; others who have a record of a [disability](/usc/42/12102.md?p=1) or are regarded as having a [disability](/usc/42/12102.md?p=1) also have been subjected to discrimination;
  - (2) historically, society has tended to isolate and segregate individuals with [disabilities](/usc/42/12102.md?p=1), and, despite some improvements, such forms of discrimination against individuals with [disabilities](/usc/42/12102.md?p=1) continue to be a serious and pervasive social problem;
  - (3) discrimination against individuals with [disabilities](/usc/42/12102.md?p=1) persists in such critical areas as employment, [housing](/usc/42/1490p–2.md?p=r-3), public accommodations, education, transportation, communication, recreation, institutionalization, health services, voting, and access to public services;
  - (4) unlike individuals who have experienced discrimination on the basis of race, color, sex, national origin, religion, or age, individuals who have experienced discrimination on the basis of [disability](/usc/42/12102.md?p=1) have often had no legal recourse to redress such discrimination;
  - (5) individuals with [disabilities](/usc/42/12102.md?p=1) continually encounter various forms of discrimination, including outright intentional exclusion, the discriminatory effects of architectural, transportation, and communication barriers, overprotective rules and policies, failure to make [modifications](/usc/42/7501.md?p=4) to existing [facilities](/usc/42/11049.md?p=4) and [practices](/usc/42/17061.md?p=19), exclusionary qualification [standards](/usc/42/1320d.md?p=7) and criteria, segregation, and relegation to lesser services, [programs](/usc/42/274l–1.md?p=4), activities, benefits, jobs, or other opportunities;
  - (6) census data, national polls, and other studies have documented that people with [disabilities](/usc/42/12102.md?p=1), as a group, occupy an inferior status in our society, and are severely disadvantaged socially, vocationally, economically, and educationally;
  - (7) the Nation’s proper goals regarding individuals with [disabilities](/usc/42/12102.md?p=1) are to assure equality of opportunity, full participation, independent living, and economic self-sufficiency for such individuals; and
  - (8) the continuing existence of unfair and unnecessary discrimination and prejudice denies people with [disabilities](/usc/42/12102.md?p=1) the opportunity to compete on an equal basis and to pursue those opportunities for which our free society is justifiably famous, and costs the [United States](/usc/42/403.md?p=k) billions of dollars in unnecessary expenses resulting from dependency and nonproductivity.
- (b) **Purpose—** It is the purpose of this chapter—
  - (1) to provide a clear and comprehensive national mandate for the elimination of discrimination against individuals with [disabilities](/usc/42/12102.md?p=1);
  - (2) to provide clear, strong, consistent, enforceable [standards](/usc/42/1320d.md?p=7) addressing discrimination against individuals with [disabilities](/usc/42/12102.md?p=1);
  - (3) to ensure that the Federal Government plays a central role in enforcing the [standards](/usc/42/1320d.md?p=7) established in this chapter on behalf of individuals with [disabilities](/usc/42/12102.md?p=1); and
  - (4) to invoke the sweep of congressional authority, including the power to enforce the fourteenth amendment and to regulate [commerce](/usc/42/6311.md?p=7), in order to address the major areas of discrimination faced day-to-day by people with [disabilities](/usc/42/12102.md?p=1).

# §12102. Definition of disability


As used in this chapter:

- (1) **Disability—** The term “disability” means, with respect to an individual—
  - (A) a physical or mental impairment that [substantially limits](#4-B) one or more major life activities of such individual;
  - (B) a record of such an impairment; or
  - (C) being regarded as having such an impairment (as described in [paragraph (3)](#3)).
- (2) **Major life activities—**
  - (A) **In general—** For purposes of [paragraph (1)](#1), major life activities include, but are not limited to, caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working.
  - (B) **Major bodily functions—** For purposes of [paragraph (1)](#1), a major life activity also includes the operation of a major bodily function, including but not limited to, functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions.
- (3) **Regarded as having such an impairment—** For purposes of [paragraph (1)(C)](#1-C):
  - (A) An individual meets the requirement of “being regarded as having such an impairment” if the individual establishes that he or she has been subjected to an action prohibited under this chapter because of an actual or perceived physical or mental impairment whether or not the impairment limits or is perceived to limit a major life activity.
  - (B) [Paragraph (1)(C)](#1-C) shall not apply to impairments that are transitory and minor. A transitory impairment is an impairment with an actual or expected duration of 6 months or less.
- (4) **Rules of construction regarding the definition of disability—** The definition of “[disability](#1)” in [paragraph (1)](#1) shall be construed in accordance with the following:
  - (A) The definition of [disability](#1) in this chapter shall be construed in favor of broad coverage of individuals under this chapter, to the maximum extent permitted by the terms of this chapter.
  - (B) The term “substantially limits” shall be interpreted consistently with the findings and purposes of the ADA Amendments Act of 2008.
  - (C) An impairment that [substantially limits](#4-B) one major life activity need not limit other major life activities in order to be considered a [disability](#1).
  - (D) An impairment that is episodic or in remission is a [disability](#1) if it would substantially limit a major life activity when active.
  - (E)
    - (i) The determination of whether an impairment [substantially limits](#4-B) a major life activity shall be made without regard to the ameliorative effects of mitigating measures such as—
      - (I) medication, medical supplies, equipment, or appliances, low-vision devices (which do not include ordinary eyeglasses or contact lenses), prosthetics including limbs and devices, hearing aids and cochlear implants or other implantable hearing devices, mobility devices, or oxygen therapy equipment and supplies;
      - (II) use of assistive technology;
      - (III) reasonable accommodations or auxiliary aids or services; or
      - (IV) learned behavioral or adaptive neurological [modifications](/usc/42/7501.md?p=4).
    - (ii) The ameliorative effects of the mitigating measures of ordinary eyeglasses or contact lenses shall be considered in determining whether an impairment [substantially limits](#4-B) a major life activity.
    - (iii) As used in this subparagraph—
      - (I) the term “ordinary eyeglasses or contact lenses” means lenses that are intended to fully correct visual acuity or eliminate refractive error; and
      - (II) the term “low-vision devices” means devices that magnify, enhance, or otherwise augment a visual image.

# §12103. Additional definitions


As used in this chapter:

- (1) **Auxiliary aids and services—** The term “auxiliary aids and services” includes—
  - (A) qualified interpreters or other effective methods of making aurally delivered materials available to individuals with hearing impairments;
  - (B) qualified readers, taped texts, or other effective methods of making visually delivered materials available to individuals with visual impairments;
  - (C) acquisition or [modification](/usc/42/7501.md?p=4) of equipment or devices; and
  - (D) other similar services and actions.
- (2) **State—** The term “State” means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands of the [United States](/usc/42/403.md?p=k), the [Trust](/usc/42/12854.md?p=6) Territory of the Pacific Islands, and the Commonwealth of the Northern Mariana Islands.”.

# §12111. Definitions


As used in this subchapter:

- (1) **Commission—** The term “[Commission](/usc/42/2000ff.md?p=1)” means the Equal Employment Opportunity [Commission](/usc/42/2000ff.md?p=1) established by [section 2000e–4 of this title](/usc/42/2000e–4.md).
- (2) **Covered entity—** The term “covered entity” means an [employer](#5-A), [employment agency](/usc/42/2000ff.md?p=2-C), [labor organization](/usc/42/2000ff.md?p=2-C), or joint labor-management committee.
- (3) **Direct threat—** The term “direct threat” means a significant risk to the health or safety of others that cannot be eliminated by [reasonable accommodation](#9).
- (4) **Employee—** The term “employee” means an individual employed by an [employer](#5-A). With respect to employment in a foreign country, such term includes an individual who is a citizen of the [United States](/usc/42/403.md?p=k).
- (5) **Employer—**
  - (A) **In general—** The term “employer” means a [person](/usc/42/1320a–7k.md?p=d-4-C-i) engaged in an [industry affecting commerce](#7) who has 15 or more [employees](#4) for each working day in each of 20 or more calendar weeks in the current or preceding calendar year, and any agent of such [person](/usc/42/1320a–7k.md?p=d-4-C-i), except that, for two years following the effective date of this subchapter, an employer means a [person](/usc/42/1320a–7k.md?p=d-4-C-i) engaged in an [industry affecting commerce](#7) who has 25 or more [employees](#4) for each working day in each of 20 or more calendar weeks in the current or preceding year, and any agent of such [person](/usc/42/1320a–7k.md?p=d-4-C-i).
  - (B) **Exceptions—** The term “[employer](#5-A)” does not include—
    - (i) the [United States](/usc/42/403.md?p=k), a [corporation](/usc/42/2296b–7.md?p=1) wholly owned by the government of the [United States](/usc/42/403.md?p=k), or an [Indian tribe](/usc/42/300f.md?p=14); or
    - (ii) a bona fide private membership club (other than a [labor organization](/usc/42/2000ff.md?p=2-C)) that is exempt from taxation under [section 501(c) of title 26](/usc/26/501.md?p=c).
- (6) **Illegal use of drugs—**
  - (A) **In general—** The term “illegal use of drugs” means the use of [drugs](#6-B), the possession or distribution of which is unlawful under the Controlled Substances Act [[21 U.S.C. 801](/usc/21/801.md) et seq.]. Such term does not include the use of a [drug](#6-B) taken under supervision by a licensed health care professional, or other uses authorized by the Controlled Substances Act or other provisions of Federal law.
  - (B) **Drugs—** The term “drug” means a [controlled substance](/usc/42/11851.md?p=2), as defined in schedules I through V of section 202 of the Controlled Substances Act [[21 U.S.C. 812](/usc/21/812.md)].
- (7) **Person, etc.** The terms “[person](/usc/42/1320a–7k.md?p=d-4-C-i)”, “[labor organization](/usc/42/2000ff.md?p=2-C)”, “[employment agency](/usc/42/2000ff.md?p=2-C)”, “[commerce](/usc/42/6311.md?p=7)”, and “industry affecting commerce”, shall have the same meaning given such terms in [section 2000e of this title](/usc/42/2000e.md).
- (8) **Qualified individual—** The term “qualified individual” means an individual who, with or without [reasonable accommodation](#9), can perform the essential functions of the employment position that such individual holds or desires. For the purposes of this subchapter, consideration shall be given to the [employer](#5-A)’s judgment as to what functions of a job are essential, and if an [employer](#5-A) has prepared a written description before advertising or interviewing applicants for the job, this description shall be considered evidence of the essential functions of the job.
- (9) **Reasonable accommodation—** The term “reasonable accommodation” may include—
  - (A) making existing [facilities](/usc/42/11049.md?p=4) used by [employees](#4) readily accessible to and usable by individuals with [disabilities](/usc/42/12102.md?p=1); and
  - (B) job restructuring, part-time or [modified](/usc/42/7501.md?p=4) work schedules, reassignment to a vacant position, acquisition or [modification](/usc/42/7501.md?p=4) of equipment or devices, appropriate adjustment or [modifications](/usc/42/7501.md?p=4) of examinations, [training](/usc/42/285e–2.md?p=b-2) materials or policies, the provision of qualified readers or interpreters, and other similar accommodations for individuals with [disabilities](/usc/42/12102.md?p=1).
- (10) **Undue hardship—**
  - (A) **In general—** The term “undue hardship” means an action requiring significant difficulty or expense, when considered in light of the factors set forth in [subparagraph (B)](#10-B).
  - (B) **Factors to be considered—** In determining whether an accommodation would impose an [undue hardship](#10-A) on a [covered entity](#2), factors to be considered include—
    - (i) the nature and cost of the accommodation needed under this chapter;
    - (ii) the overall financial resources of the [facility](/usc/42/11049.md?p=4) or [facilities](/usc/42/11049.md?p=4) involved in the provision of the [reasonable accommodation](#9); the number of [persons](/usc/42/1320a–7k.md?p=d-4-C-i) employed at such [facility](/usc/42/11049.md?p=4); the effect on expenses and resources, or the impact otherwise of such accommodation upon the operation of the [facility](/usc/42/11049.md?p=4);
    - (iii) the overall financial resources of the [covered entity](#2); the overall size of the business of a [covered entity](#2) with respect to the number of its [employees](#4); the number, type, and location of its [facilities](/usc/42/11049.md?p=4); and
    - (iv) the type of operation or operations of the [covered entity](#2), including the composition, structure, and functions of the workforce of such entity; the geographic separateness, administrative, or fiscal relationship of the [facility](/usc/42/11049.md?p=4) or [facilities](/usc/42/11049.md?p=4) in question to the [covered entity](#2).

# §12112. Discrimination

- (a) **General rule—** No [covered entity](/usc/42/12111.md?p=2) shall [discriminate against a qualified individual on the basis of disability](#b) in regard to job application procedures, the hiring, advancement, or discharge of [employees](/usc/42/12111.md?p=4), [employee](/usc/42/12111.md?p=4) compensation, job [training](/usc/42/285e–2.md?p=b-2), and other terms, conditions, and privileges of employment.
- (b) **Construction—** As used in [subsection (a)](#a), the term “discriminate against a qualified individual on the basis of disability” includes—
  - (1) limiting, segregating, or classifying a job applicant or [employee](/usc/42/12111.md?p=4) in a way that adversely affects the opportunities or status of such applicant or [employee](/usc/42/12111.md?p=4) because of the [disability](/usc/42/12102.md?p=1) of such applicant or [employee](/usc/42/12111.md?p=4);
  - (2) participating in a contractual or other arrangement or relationship that has the effect of subjecting a [covered entity](/usc/42/12111.md?p=2)’s qualified applicant or [employee](/usc/42/12111.md?p=4) with a [disability](/usc/42/12102.md?p=1) to the discrimination prohibited by this subchapter (such relationship includes a relationship with an employment or referral agency, labor union, an organization providing fringe benefits to an [employee](/usc/42/12111.md?p=4) of the [covered entity](/usc/42/12111.md?p=2), or an organization providing [training](/usc/42/285e–2.md?p=b-2) and apprenticeship [programs](/usc/42/274l–1.md?p=4));
  - (3) utilizing [standards](/usc/42/1320d.md?p=7), criteria, or methods of administration—
    - (A) that have the effect of discrimination on the basis of [disability](/usc/42/12102.md?p=1); or
    - (B) that perpetuate the discrimination of others who are subject to common administrative control;
  - (4) excluding or otherwise denying equal jobs or benefits to a [qualified individual](/usc/42/12111.md?p=8) because of the known [disability](/usc/42/12102.md?p=1) of an individual with whom the [qualified individual](/usc/42/12111.md?p=8) is known to have a relationship or association;
  - (5)
    - (A) not making [reasonable accommodations](/usc/42/12111.md?p=9) to the known physical or mental limitations of an otherwise [qualified individual with a disability](/usc/42/5057.md?p=a-2) who is an applicant or [employee](/usc/42/12111.md?p=4), unless such [covered entity](/usc/42/12111.md?p=2) can demonstrate that the accommodation would impose an [undue hardship](/usc/42/12111.md?p=10-A) on the operation of the business of such [covered entity](/usc/42/12111.md?p=2); or
    - (B) denying employment opportunities to a job applicant or [employee](/usc/42/12111.md?p=4) who is an otherwise [qualified individual with a disability](/usc/42/5057.md?p=a-2), if such denial is based on the need of such [covered entity](/usc/42/12111.md?p=2) to make [reasonable accommodation](/usc/42/12111.md?p=9) to the physical or mental impairments of the [employee](/usc/42/12111.md?p=4) or applicant;
  - (6) using qualification [standards](/usc/42/1320d.md?p=7), employment tests or other selection criteria that screen out or tend to screen out an [individual with a disability](/usc/42/12210.md?p=a) or a class of individuals with [disabilities](/usc/42/12102.md?p=1) unless the [standard](/usc/42/1320d.md?p=7), test or other selection criteria, as used by the [covered entity](/usc/42/12111.md?p=2), is shown to be job-related for the position in question and is consistent with business necessity; and
  - (7) failing to select and administer tests concerning employment in the most effective manner to ensure that, when such test is administered to a job applicant or [employee](/usc/42/12111.md?p=4) who has a [disability](/usc/42/12102.md?p=1) that impairs sensory, manual, or speaking skills, such test results accurately reflect the skills, aptitude, or whatever other factor of such applicant or [employee](/usc/42/12111.md?p=4) that such test purports to measure, rather than reflecting the impaired sensory, manual, or speaking skills of such [employee](/usc/42/12111.md?p=4) or applicant (except where such skills are the factors that the test purports to measure).
- (c) **Covered entities in foreign countries—**
  - (1) **In general—** It shall not be unlawful under this section for a [covered entity](/usc/42/12111.md?p=2) to take any action that constitutes discrimination under this section with respect to an [employee](/usc/42/12111.md?p=4) in a workplace in a foreign country if compliance with this section would [cause](/usc/42/9908.md?p=c-2) such [covered entity](/usc/42/12111.md?p=2) to violate the law of the foreign country in which such workplace is located.
  - (2) **Control of corporation—**
    - (A) **Presumption—** If an [employer](/usc/42/12111.md?p=5-A) controls a [corporation](/usc/42/2296b–7.md?p=1) whose place of incorporation is a foreign country, any practice that constitutes discrimination under this section and is engaged in by such [corporation](/usc/42/2296b–7.md?p=1) shall be presumed to be engaged in by such [employer](/usc/42/12111.md?p=5-A).
    - (B) **Exception—** This section shall not apply with respect to the foreign operations of an [employer](/usc/42/12111.md?p=5-A) that is a foreign [person](/usc/42/1320a–7k.md?p=d-4-C-i) not controlled by an American [employer](/usc/42/12111.md?p=5-A).
    - (C) **Determination—** For purposes of this paragraph, the determination of whether an [employer](/usc/42/12111.md?p=5-A) controls a [corporation](/usc/42/2296b–7.md?p=1) shall be based on—
      - (i) the interrelation of operations;
      - (ii) the common management;
      - (iii) the centralized control of labor relations; and
      - (iv) the common ownership or financial control,

      of the [employer](/usc/42/12111.md?p=5-A) and the [corporation](/usc/42/2296b–7.md?p=1).

- (d) **Medical examinations and inquiries—**
  - (1) **In general—** The prohibition against discrimination as referred to in [subsection (a)](#a) shall include medical examinations and inquiries.
  - (2) **Preemployment—**
    - (A) **Prohibited examination or inquiry—** Except as provided in [paragraph (3)](#d-3), a [covered entity](/usc/42/12111.md?p=2) shall not conduct a medical examination or make inquiries of a job applicant as to whether such applicant is an [individual with a disability](/usc/42/12210.md?p=a) or as to the nature or severity of such [disability](/usc/42/12102.md?p=1).
    - (B) **Acceptable inquiry—** A [covered entity](/usc/42/12111.md?p=2) may make preemployment inquiries into the ability of an applicant to perform job-related functions.
  - (3) **Employment entrance examination—** A [covered entity](/usc/42/12111.md?p=2) may require a medical examination after an offer of employment has been made to a job applicant and prior to the commencement of the employment duties of such applicant, and may condition an offer of employment on the results of such examination, if—
    - (A) all entering [employees](/usc/42/12111.md?p=4) are subjected to such an examination regardless of [disability](/usc/42/12102.md?p=1);
    - (B) information obtained regarding the medical condition or history of the applicant is collected and maintained on separate forms and in separate medical files and is treated as a confidential medical record, except that—
      - (i) supervisors and managers may be informed regarding necessary restrictions on the work or duties of the [employee](/usc/42/12111.md?p=4) and necessary accommodations;
      - (ii) first aid and safety personnel may be informed, when appropriate, if the [disability](/usc/42/12102.md?p=1) might require emergency [treatment](/usc/42/11851.md?p=11); and
      - (iii) government officials investigating compliance with this chapter shall be provided relevant information on request; and
    - (C) the results of such examination are used only in accordance with this subchapter.
  - (4) **Examination and inquiry—**
    - (A) **Prohibited examinations and inquiries—** A [covered entity](/usc/42/12111.md?p=2) shall not require a medical examination and shall not make inquiries of an [employee](/usc/42/12111.md?p=4) as to whether such [employee](/usc/42/12111.md?p=4) is an [individual with a disability](/usc/42/12210.md?p=a) or as to the nature or severity of the [disability](/usc/42/12102.md?p=1), unless such examination or inquiry is shown to be job-related and consistent with business necessity.
    - (B) **Acceptable examinations and inquiries—** A [covered entity](/usc/42/12111.md?p=2) may conduct voluntary medical examinations, including voluntary medical histories, which are part of an [employee](/usc/42/12111.md?p=4) health [program](/usc/42/274l–1.md?p=4) available to [employees](/usc/42/12111.md?p=4) at that work site. A [covered entity](/usc/42/12111.md?p=2) may make inquiries into the ability of an [employee](/usc/42/12111.md?p=4) to perform job-related functions.
    - (C) **Requirement—** Information obtained under [subparagraph (B)](#d-4-B) regarding the medical condition or history of any [employee](/usc/42/12111.md?p=4) are subject to the requirements of subparagraphs [(B)](#d-3-B) and [(C)](#d-3-C) of paragraph (3).

# §12113. Defenses

- (a) **In general—** It may be a defense to a charge of discrimination under this chapter that an alleged application of [qualification standards](#b), tests, or selection criteria that screen out or tend to screen out or otherwise deny a job or benefit to an [individual with a disability](/usc/42/12210.md?p=a) has been shown to be job-related and consistent with business necessity, and such performance cannot be accomplished by [reasonable accommodation](/usc/42/12111.md?p=9), as required under this subchapter.
- (b) **Qualification standards—** The term “qualification standards” may include a requirement that an individual shall not pose a [direct threat](/usc/42/12111.md?p=3) to the health or safety of other individuals in the workplace.
- (c) **Qualification standards and tests related to uncorrected vision—** Notwithstanding [section 12102(4)(E)(ii) of this title](/usc/42/12102.md?p=4-E-ii), a [covered entity](/usc/42/12111.md?p=2) shall not use [qualification standards](#b), employment tests, or other selection criteria based on an individual’s uncorrected vision unless the [standard](/usc/42/1320d.md?p=7), test, or other selection criteria, as used by the [covered entity](/usc/42/12111.md?p=2), is shown to be job-related for the position in question and consistent with business necessity.
- (d) **Religious entities—**
  - (1) **In general—** This subchapter shall not prohibit a religious [corporation](/usc/42/2296b–7.md?p=1), association, educational institution, or society from giving preference in employment to individuals of a particular religion to perform work connected with the carrying on by such [corporation](/usc/42/2296b–7.md?p=1), association, educational institution, or society of its activities.
  - (2) **Religious tenets requirement—** Under this subchapter, a religious organization may require that all applicants and [employees](/usc/42/12111.md?p=4) conform to the religious tenets of such organization.
- (e) **List of infectious and communicable diseases—**
  - (1) **In general—** The [Secretary](/usc/42/242q–4.md?p=2) of Health and Human Services, not later than 6 months after July 26, 1990, shall—
    - (A) review all infectious and communicable diseases which may be transmitted through handling the food supply;
    - (B) publish a list of infectious and communicable diseases which are transmitted through handling the food supply;
    - (C) publish the methods by which such diseases are transmitted; and
    - (D) widely disseminate such information regarding the list of diseases and their modes of transmissability[^1] to the general public.

    Such list shall be updated annually.

  - (2) **Applications—** In any case in which an individual has an infectious or communicable disease that is transmitted to others through the handling of food, that is included on the list developed by the [Secretary](/usc/42/242q–4.md?p=2) of Health and Human Services under [paragraph (1)](#e-1), and which cannot be eliminated by [reasonable accommodation](/usc/42/12111.md?p=9), a [covered entity](/usc/42/12111.md?p=2) may refuse to assign or continue to assign such individual to a job involving food handling.
  - (3) **Construction—** Nothing in this chapter shall be construed to preempt, modify, or amend any [State](/usc/42/12103.md?p=2), county, or local law, ordinance, or regulation applicable to food handling which is designed to protect the public health from individuals who pose a significant risk to the health or safety of others, which cannot be eliminated by [reasonable accommodation](/usc/42/12111.md?p=9), pursuant to the list of infectious or communicable diseases and the modes of transmissability[^1] published by the [Secretary](/usc/42/242q–4.md?p=2) of Health and Human Services.

# §12114. Illegal use of drugs and alcohol

- (a) **Qualified individual with a disability—** For purposes of this subchapter, a [qualified individual with a disability](/usc/42/5057.md?p=a-2) shall not include any [employee](/usc/42/12111.md?p=4) or applicant who is currently engaging in the [illegal use of drugs](/usc/42/12111.md?p=6-A), when the [covered entity](/usc/42/12111.md?p=2) acts on the basis of such use.
- (b) **Rules of construction—** Nothing in [subsection (a)](#a) shall be construed to exclude as a [qualified individual with a disability](/usc/42/5057.md?p=a-2) an individual who—
  - (1) has successfully completed a supervised [drug](/usc/42/12111.md?p=6-B) rehabilitation [program](/usc/42/274l–1.md?p=4) and is no longer engaging in the [illegal use of drugs](/usc/42/12111.md?p=6-A), or has otherwise been rehabilitated successfully and is no longer engaging in such use;
  - (2) is participating in a supervised rehabilitation [program](/usc/42/274l–1.md?p=4) and is no longer engaging in such use; or
  - (3) is erroneously regarded as engaging in such use, but is not engaging in such use;

  except that it shall not be a [violation](/usc/42/2000e–16a.md?p=c) of this chapter for a [covered entity](/usc/42/12111.md?p=2) to adopt or administer reasonable policies or procedures, including but not limited to [drug](/usc/42/12111.md?p=6-B) testing, designed to ensure that an individual described in paragraph [(1)](#b-1) or [(2)](#b-2) is no longer engaging in the [illegal use of drugs](/usc/42/12111.md?p=6-A).

- (c) **Authority of covered entity—** A [covered entity](/usc/42/12111.md?p=2)—
  - (1) may prohibit the [illegal use of drugs](/usc/42/12111.md?p=6-A) and the use of alcohol at the workplace by all [employees](/usc/42/12111.md?p=4);
  - (2) may require that [employees](/usc/42/12111.md?p=4) shall not be under the influence of alcohol or be engaging in the [illegal use of drugs](/usc/42/12111.md?p=6-A) at the workplace;
  - (3) may require that [employees](/usc/42/12111.md?p=4) behave in conformance with the requirements established under [chapter 81](/usc/41/chstIV-ch81.md) of title 41;
  - (4) may hold an [employee](/usc/42/12111.md?p=4) who engages in the [illegal use of drugs](/usc/42/12111.md?p=6-A) or who is an alcoholic to the same qualification [standards](/usc/42/1320d.md?p=7) for employment or job performance and behavior that such entity holds other [employees](/usc/42/12111.md?p=4), even if any unsatisfactory performance or behavior is related to the [drug](/usc/42/12111.md?p=6-B) use or alcoholism of such [employee](/usc/42/12111.md?p=4); and
  - (5) may, with respect to Federal regulations regarding alcohol and the [illegal use of drugs](/usc/42/12111.md?p=6-A), require that—
    - (A) [employees](/usc/42/12111.md?p=4) comply with the [standards](/usc/42/1320d.md?p=7) established in such regulations of the Department of Defense, if the [employees](/usc/42/12111.md?p=4) of the [covered entity](/usc/42/12111.md?p=2) are employed in an industry subject to such regulations, including complying with regulations (if any) that apply to employment in sensitive positions in such an industry, in the case of [employees](/usc/42/12111.md?p=4) of the [covered entity](/usc/42/12111.md?p=2) who are employed in such positions (as defined in the regulations of the Department of Defense);
    - (B) [employees](/usc/42/12111.md?p=4) comply with the [standards](/usc/42/1320d.md?p=7) established in such regulations of the Nuclear Regulatory [Commission](/usc/42/2000ff.md?p=1), if the [employees](/usc/42/12111.md?p=4) of the [covered entity](/usc/42/12111.md?p=2) are employed in an industry subject to such regulations, including complying with regulations (if any) that apply to employment in sensitive positions in such an industry, in the case of [employees](/usc/42/12111.md?p=4) of the [covered entity](/usc/42/12111.md?p=2) who are employed in such positions (as defined in the regulations of the Nuclear Regulatory [Commission](/usc/42/2000ff.md?p=1)); and
    - (C) [employees](/usc/42/12111.md?p=4) comply with the [standards](/usc/42/1320d.md?p=7) established in such regulations of the Department of Transportation, if the [employees](/usc/42/12111.md?p=4) of the [covered entity](/usc/42/12111.md?p=2) are employed in a transportation industry subject to such regulations, including complying with such regulations (if any) that apply to employment in sensitive positions in such an industry, in the case of [employees](/usc/42/12111.md?p=4) of the [covered entity](/usc/42/12111.md?p=2) who are employed in such positions (as defined in the regulations of the Department of Transportation).
- (d) **Drug testing—**
  - (1) **In general—** For purposes of this subchapter, a test to determine the [illegal use of drugs](/usc/42/12111.md?p=6-A) shall not be considered a medical examination.
  - (2) **Construction—** Nothing in this subchapter shall be construed to encourage, prohibit, or authorize the conducting of [drug](/usc/42/12111.md?p=6-B) testing for the [illegal use of drugs](/usc/42/12111.md?p=6-A) by job applicants or [employees](/usc/42/12111.md?p=4) or making employment decisions based on such test results.
- (e) **Transportation employees—** Nothing in this subchapter shall be construed to encourage, prohibit, restrict, or authorize the otherwise lawful exercise by entities subject to the jurisdiction of the Department of Transportation of authority to—
  - (1) test [employees](/usc/42/12111.md?p=4) of such entities in, and applicants for, positions involving safety-sensitive duties for the [illegal use of drugs](/usc/42/12111.md?p=6-A) and for on-duty impairment by alcohol; and
  - (2) [remove](/usc/42/9601.md?p=23) such [persons](/usc/42/1320a–7k.md?p=d-4-C-i) who test positive for [illegal use of drugs](/usc/42/12111.md?p=6-A) and on-duty impairment by alcohol pursuant to [paragraph (1)](#e-1) from safety-sensitive duties in implementing [subsection (c)](#c).

# §12115. Posting notices


Every [employer](/usc/42/12111.md?p=5-A), [employment agency](/usc/42/2000ff.md?p=2-C), [labor organization](/usc/42/2000ff.md?p=2-C), or joint labor-management committee covered under this subchapter shall post notices in an accessible format to applicants, [employees](/usc/42/12111.md?p=4), and members describing the applicable provisions of this chapter, in the manner prescribed by [section 2000e–10 of this title](/usc/42/2000e–10.md).


# §12116. Regulations


Not later than 1 year after July 26, 1990, the [Commission](/usc/42/2000ff.md?p=1) shall issue regulations in an accessible format to carry out this subchapter in accordance with subchapter II of [chapter 5](/usc/5/chptI-ch5.md) of title 5.


# §12117. Enforcement

- (a) **Powers, remedies, and procedures—** The powers, remedies, and procedures set forth in sections [2000e–4](/usc/42/2000e–4.md), [2000e–5](/usc/42/2000e–5.md), [2000e–6](/usc/42/2000e–6.md), [2000e–8](/usc/42/2000e–8.md), and [2000e–9](/usc/42/2000e–9.md) of this title shall be the powers, remedies, and procedures this subchapter provides to the [Commission](/usc/42/2000ff.md?p=1), to the [Attorney General](/usc/42/14902.md?p=6), or to any [person](/usc/42/1320a–7k.md?p=d-4-C-i) alleging discrimination on the basis of [disability](/usc/42/12102.md?p=1) in [violation](/usc/42/2000e–16a.md?p=c) of any provision of this chapter, or regulations promulgated under [section 12116 of this title](/usc/42/12116.md), concerning employment.
- (b) **Coordination—** The agencies with enforcement authority for actions which allege employment discrimination under this subchapter and under the Rehabilitation Act of 1973 [[29 U.S.C. 701](/usc/29/701.md) et seq.] shall develop procedures to ensure that administrative complaints filed under this subchapter and under the Rehabilitation Act of 1973 are dealt with in a manner that avoids duplication of effort and prevents imposition of inconsistent or conflicting [standards](/usc/42/1320d.md?p=7) for the same requirements under this subchapter and the Rehabilitation Act of 1973. The [Commission](/usc/42/2000ff.md?p=1), the [Attorney General](/usc/42/14902.md?p=6), and the [Office](/usc/42/3058f.md?p=1) of Federal Contract Compliance [Programs](/usc/42/274l–1.md?p=4) shall establish such coordinating mechanisms (similar to provisions contained in the joint regulations promulgated by the [Commission](/usc/42/2000ff.md?p=1) and the [Attorney General](/usc/42/14902.md?p=6) at [part 42 of title 28](/cfr/28/part42.md) and [part 1691 of title 29, Code of Federal Regulations](/cfr/29/part1691.md), and the Memorandum of Understanding between the [Commission](/usc/42/2000ff.md?p=1) and the [Office](/usc/42/3058f.md?p=1) of Federal Contract Compliance [Programs](/usc/42/274l–1.md?p=4) dated January 16, 1981 (46 Fed. Reg. 7435, January 23, 1981)) in regulations implementing this subchapter and Rehabilitation Act of 1973 not later than 18 months after July 26, 1990.